Mosa Khan vs The State
This criminal petition was filed by the petitioner, Mosa Khan, seeking post-arrest bail in connection with FIR No. 1533, registered under sections 9D and 11C of the Khyber Pakhtunkhwa Narcotic Substances Act, 2019. The petitioner was charged with trafficking significant quantities of heroin and amphetamine, along with possession of small amounts of heroin and ice, discovered in a vehicle. The core legal question was whether the petitioner, who was a passenger in the vehicle, could be held liable for the large quantity of narcotics recovered from a secret cavity controlled by the co-accused, given the lack of evidence establishing his conscious knowledge or involvement in the smuggling attempt. The court held that while the petitioner possessed a small, personal quantity of narcotics, there was no evidence linking him to the larger smuggling operation. Consequently, the court found his participation in the alleged crime required further inquiry and granted bail. The principle laid down is that mere presence in a vehicle containing contraband, without evidence of conscious knowledge or control, does not establish criminal nexus for trafficking charges.
- Does the mere presence of an individual in a vehicle containing a large quantity of narcotics establish their liability for trafficking?
- Can possession of a small, personal quantity of contraband be used to establish liability for a larger smuggling operation found in the same vehicle?
- What evidence is required to establish a nexus between a passenger and contraband recovered from a secret cavity in a vehicle?
- Section 9D, Khyber Pakhtunkhwa Narcotic Substances Act 2019
- Section 11C, Khyber Pakhtunkhwa Narcotic Substances Act 2019
LAL JAN KHATTAK, J.---Petitioner Mosa Khan son of Tor Gul alias Noor Gul through the instant petition seeks his release on bail in case FIR No. 1533 dated 03.08.2021 under sections 9D and 11C of the Khyber Pakhtunkhwa Narcotic Substances Act, 2019, registered against him at Police Station, Pishtakhara, Peshawar, wherein he is charged for trafficking 10,000 grams heroin and 6000 grams amphetamine and possessing 20 gram heroin and 10 gram Ice.
2. Arguments heard and available record gone through.
3. True that huge quantity of narcotic has been recovered from secret cavity made in diggi of the motorcar which was in full control and possession of co-accused Muhammad Rafiq but noticeable aspect of the case is that the petitioner was found sitting on front seat of the vehicle at the time of recovery. There is nothing on the case file to show that either the petitioner was privy to the bid of smuggling or was having any slightest conscious knowledge about presence of the recovered contraband in the car so as to show his nexus with the foiled attempt of the smuggling. Thus his participation in the crime needs further consideration. No doubt 20 gram heroin and 10 gram ice has been recovered from direct possession of the -petitioner but ibid meager quantity of contraband would not be made a base to dub him as co-smuggler of the narcotic which is subject matter of the instant case.
4. Tentative assessm ent of the available record shows that the petitioner has made out a case for the purpose of his release on bail, therefore, this petition is allowed and it is directed that he be released on bail provided he furnishes bail bonds in the sum of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of Illaqa Magistrate, who shall ensure that the sureties are local, reliable and men of means.
Cited by 1 case
- Awal Khan vs The State 2023 SHC 397